HomeMy WebLinkAbout1998-10-26 98-430 ORDERCOUNCIL ACTION
Date: October 26. 1998
Item No. 98-418
Item/Bubject: Extending Purchase Option Agreement for Purchase of Bangor Waterworks — Ensure
Maine Healthcare
Responeible Department Community a economic Development
Commentary:
By Council Order 98-150, on March 28, 1998, the City authorized a Purchase Option Agreement with Eastern
Maine Heeh forthepurchaeofthe Bangor Waterworks. TMAgm me Mvide ffiattherrccessarypertnits
for development of the site would be obtained and that the City would seek a modification of an Maine Department
of Transportation decision providing access to the site over the railroal tracks. The railroad crossing modification
regmstisstillpensivgbeforeMDOT. The parties are continuing to work towards obtaining the necessary permits
for development.
The Purchase Option Agreement expires November 1, 1999 Writes an extension is agreed upon by the pasties. This
Order would authorize an amendment to tbe Agreement extending the option period to March 1, 1999.
Dep en[d
manager's Ce®ance: ae,,, no
_^P..�r
City Manager
Associated Information
Budget Approval:
Finance Director
Legal Approval:
City Y#11citor
Introduced For WPassage 0 First Reading 0 Referral
Paga_L_of I
98-630
Aeai�rcd W Gm,ndor Palmer October 26. 1998
_ CITY OF BANGOR
(nom.) ad rba, Exteadmg Purchase Opium Agreement for Pmchsse of Bangor.......
Waterworks—Eastzm Maine Healthcare
By rhe Can CoyyaoH of CHy efBawor.
ORDERED,
THAT WHEREAS, the City of Bangor and Eastern Maine Heahhcam are parties to a
Purchase Option Agreement, as authorized by Council Order k98-150 passed by the Bavgor City
Council on March 23, 1998, for the purchase and redevelopment of the Bangor Waterworks; and
WHEREAS, said Agreement was extended to November 1, 1998 by Council
Order 98-308 passed July 27,1998 to allow additional time for obtaining formula for the project;
and
WHEREAS, the parties continue to words towards obtaining the permits necessary
for the development of the Bangor Waterworks and a modification of a Maine Department of
Transportation railroad crossing decision regarding the road accessing the Bangor Waterworks;
and
WHEREAS, additional time is necessary to obtain to obtain necessary permits
and the modification of the railroad crossing decision;
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED, THAT the City Manager, on behalf of the City of Bangor, is bere ry authorized to
execute a Second Amendment to the Purchase Option Agreement between Eastem Maine
Healthcare and the City of Bangor to extend the option period to March 1, 1999, said
Amendment to be in a form approved by the office ofNc City Solicitor.
IN CITY COUNCIL
October 26. 1998
Motion for passage Made 6 Seconded
Councilors Crowley, Schuman 6 Woodcock
abstained from discussion and vote
i.
due to prevousley established
conflict
PPassedd� //�J
CIT CLERX
98-430
ORDER
Title, Extending Purchase Option
Egreement for Purchase of Bangor
Waterworks - eastern Maine Healthcare
.
....................... I.....
.....................................
G.
Awipied to
Gam, P, 4,�...............
Councilman
98-630
This Second Amendment to Purchase Option Agreement, executed in duplicate this _ Day of
1998 by and between CITY OF BANGOR a body wrporate, of 73 Harlow Street,
Bangor, Penobscot County, Maine, and EASTERN MAINE HEALTHCARE, a corporation duly
organized and existing under that laws of (be State of Maim, having a principal place in Bangor,
Penobscot County, Maine.
WITNESSTH
WHEREAS, the City of Bangor and Eastern Maine Healthcare are parties to a Purchase
Option Agreement for the purchase of the Bangor Waterworks; and
WHEREAS, said Agreement is scheduled to expire on November 1, 1998; and
WHEREAS, said Agreement provides for the obtaining of permits for the development of
the Bangor Waterworks aM a modification of the railroad crossing decision of Maine
Deparhnent of Transportation; and
WHEREAS, the parties need additional time m obtain the necessary permits and the
MOOT decision modification,
NOW, THEREFORE, the parries hereto do mutually agree to amend the Agreement as
follows:
By deleting from "2. Option Period" the date November 1, 1998 and replacing it wide the
daze March 1, 1999.
THAT except for the foregoing, said Purchase Option Agreement between the City of
Bangor and Eastern Maim Healthcare will remain in full force and effect in all other map"
between the undersigned.
M WITNESS WHEREOF, the parries hereto have set their hands and seats the day and
year first written above.
CITY OF BANGOR
Witness Edward A. Barem
City Manager
Witmss Norman Ledwin
Chief of Executive Officer
SECOND AMENDMENT TO
This Second Amendment to Purchase Option Agreemem, executed in duplicate this k!Tk Day of
, •-1.. . IWS by andbetween CITY OF BANGOR, a bodycorporate, of 73 Harlow Street,
Bangor, Pcrobswt County, Maine, and EASTERN MAINE HEALTHCARE, a corporation duly
organized and existing under the laws of the State of Maine, having a principal place in Bangor,
Penobscot County, Maine.
WITNESSTH
WHEREAS, the City of Bangor and Eastern Maine Healthcare are parties to a Purchase
Option Agreement for the purchase of the Bangor Waterworks; and
WHEREAS, said Agreement is scheduled to expire on November 1, 1998; and
WHEREAS, said Agreement provides for the obtaining ofpaotds for the development of
the Bangor Waterworks and a modification of the railroad crossing decision of Maine
Department of Transportation; and
WHEREAS, the parties need additional note m obtain the necessary permits and the
MDOT decision modification,
NOW, THEREFORE, the parties hereto do mutually agree to amend the Agreement as
follows:
By deleting fiom "2. Option Period" the date November 1, 1998 and replacing it with the
date March 1, 1999.
THAT except for the foregoing, said Purchase Option Agreement between the City of
Bangor and Eastern Maine Healthcare will remain in full force and eBe n in all other respects
between the undersigned.
IN WITNESS WHEREOF, the partes hereto have set their heads and seals the, day aM
year first written above.
• �a
,,, _ I I. WV
Edward A. Barred
City Manager
t
�itl"7/*72k c!
ISITLN?901Wm sl
TO: Gail Campbell, City Clerk
FROM: Norman S. Heitmann III, Asst. City Solicitor
RE: Waterworks Property -- Option with Eastern
Maine Healthcare
DATE: November 9, 1998
Enclosed for your permanent records please find an
original executed Second Amendment to Purchase Option Agreement
between the City of Bangor and Eastern Maine Healthcare, dated
November 6, 1996 regarding the Waterworks property. The second
original has been forwarded to Eastern Maine Healthcare.
This Second Amendment was executed pursuant to Council
Order 898-430 passed by the Bangor City Council on October 26,
1998.
If you have any questions, please call my office.
tc
Enclosure
pc: Rod McKay w/o encl.